Preliminary Ecological Appraisal

Land at Sheen, (Adjacent to Staffordshire Knot Inn), Pown Street, Sheen, SK17 0ET, Staffordshire.

September 2019 Notice to readers This report has been prepared by Charnia Ecology with all reasonable skill, care and diligence, within the terms of the contract with the client. The actions of the surveyor on site and during the production of the report were undertaken in accordance with the Code of Professional Conduct for the Chartered Institute of Ecology and Environmental Management (www.ieem.org.uk).

No part of this document may be reproduced without the prior written approval of Charnia Ecology.

Surveyor capability Ecological assessment and report preparation has been conducted by a qualified ecologist and member of the Chartered Institute of Ecology and Environmental Management (MCIEEM), and an associate member of the Society of Biology (AMRSB). The ecologist holds a First-Class Honours degree in Conservation Biology, and a Vice Chancellors award for academic excellence. He has undertaken protected species surveys for over five years, and is actively involved in scoping, presence/absence surveys, and Natural England licence applications with regard to planning and the law. The actions of the surveyor on site and during the production of written reports are undertaken in accordance with the Code of Professional Conduct for the Chartered Institute of Ecology and Environmental Management (CIEEM). NON-TECHNICAL SUMMARY

- Report rationale

  1. A Preliminary Ecological Appraisal was conducted on behalf of Mr. Carl Hardy in relation to a proposed planning application regarding a parcel of land adjacent to Pown Street, Sheen, Nr. Buxton, Derbyshire SK17 0ET, (NGR: SK11096103). The objectives of this report are to outline any further recommendations on how to proceed with the works in a legal and ecologically sensitive manner, in accordance to current National Planning Policy Framework (NPPF) and UK Legislation.

  2. A daytime walkover survey of the proposed site was undertaken during an optimal period on 26th August 2019 by an experienced ecologist in accordance with the Chartered Institute of Ecology and Environmental Management's (CIEEM) Code of Practice.

- Proposed works 3. The proposed planning application considers a small-scale development for the erection of two semi-detached cottages with associated gardens and hard standing on a small parcel of semi-improved grassland. The scheme will involve some selected tree / shrub removal around boundaries.

- Site description 4. The land parcel equates to ca. 0.06ha and comprises of a rough semi-improved grassland with scattered shrubs and scrub encroachment around drystone walls. The land is located adjacent to the Staffordshire Knot PH and can be accessed immediately off Pown street along the western boundary. Enclosed neutral grassland and unplanned hay meadows abuts NE and SE boundaries.

  5. In context to the wider landscape, the site is located in the Peak Park NNR and listed under the National Character Area (NCA) Profile: S3 South West Peak (NE453); being located in an upland landscape, with a steep escarpment sloping down to the River Dove on the east, and less steeply to the River Manifold on the west.

- Protected habitats 6. In its current form, the vegetation communities within the grassland area subject to development are not considered as being unique within the context of the wider landscape and they do not represent any significant loss in terms of nature conservation overall, other than land up-take.

  7. No Tree Preservation Orders (TPOs) were recorded in the application area. No Invasive Non-Native Species (INNS) currently listed as a Schedule 9 species under the Wildlife and Countryside Act 1981 were recorded at the time of survey. No Invasive Non-Native Species (INNS) currently listed as a Schedule 9 species under the Wildlife and Countryside Act 1981 were recorded at the time of survey.

- Designated sites 8. There are no designated conservation sites recorded in a 1km radius, the site location falls within a SSSI Impact Risk Zone. Based on a small-scale, single-phase development, no long-term impact to any designated conservation sites in the wider landscape is predicted.

  9. Based on the small parcel of land, no further survey effort is deemed necessary regarding any protected fauna species. Conversely, this report makes a number of mitigation recommendations regarding any intended post development lighting that may impact upon foraging and commuting bats, with site safeguard measures / timing of works for nesting birds stipulated. Additional recommendations are also given in the unlikely event that individual reptiles (Grass snake considered), amphibians (frogs and toads) and small mammals with biodiversity enhancement recommendations included.

### Summary of predicted impacts

| IMPACT ASSESSMENT | IMPACT | PREDICTED EFFECTS | |-------------------|--------|-------------------| | Type and scale of works | SINGLE PHASE / SMALL-SCALE DEVELOPMENT | | | Size, nature and complexity of the development site | 2 X SEMI DETACHED COTTAGES OF LOW COMPLEXITY | | | Predicted impact on designated conservation sites | LOW | |

#### ECOLOGICAL IMPACTS

- **Habitat loss from land-take through direct destruction or physical take-up of ecological habitat as a result of change of land-use:**

  - **IMPACT:** YES
  - **PREDICTED EFFECTS:** LONG-TERM HIGH IMPACT PREDICTED
    - 0.06ha of semi-improved neglected grassland will be permanently lost, albeit not considered to be unique within the context of the wider landscape, and does not represent any significant loss in terms of nature conservation overall, other than cumulative.

- **Habitat fragmentation of spatial connectivity to the wider landscape and increased negative edge effects:**

  - **IMPACT:** NO
  - **PREDICTED EFFECTS:** Minimal fragmentation of spatial connectivity and edge effects predicted.

- **Human disturbance and noise activity on ecological receptors throughout construction and post development stage:**

  - **IMPACT:** YES
  - **PREDICTED EFFECTS:** SHORT-TERM IMPACT PREDICTED
    - Through general noise / dust disturbance during construction.

- **Alterations to surface water quality whereby all development near to water has an associated risk of pollutants that could negatively impact water quality and aquatic habitat and species:**

  - **IMPACT:** NO
  - **PREDICTED EFFECTS:** NEGLIGIBLE IMPACT PREDICTED
    - to surface water quality is predicted.

#### FAUNA - Impact on wildlife populations and assemblages through habitat loss and reduced connectivity:

| TAXA | IMPACT PREDICTED | IMPACT ASSESSMENT | FURTHER SURVEY | |------|------------------|-------------------|----------------| | **Amphibians** | NEGLIGIBLE TO LOW | No impact to Great Crested newt predicted. Site safeguard measures for general amphibian spp. recommended. (see Section 89: mitigation for other species). | NO | | **Birds** | HIGH SHORT-TERM | Site safeguard measures recommended for individual nesting birds in selected trees and scrub around site; + Loss 0.06ha of foraging habitat (Long-term). see Section 85: Bird mitigation. | NO | | **Barn owl** | NEGLIGIBLE TO LOW | Potential minor loss of foraging habitat. | NO | | **Bats roosts** | NEGLIGIBLE TO LOW | No bat roosts impacted. | NO | | **Bats foraging & commuting habitat** | LOW MODERATE | Potential commuting and foraging bats may be affected by any lighting scheme considered post-development (see Section 81: Bat mitigation). | NO | | **Badger** | NEGLIGIBLE | No impact to any active setts / habitat. | NO | | **Reptiles** | NEGLIGIBLE TO LOW | Site safeguard measures recommended. (see Section 89: mitigation for other species). | NO | | **Invertebrates** | NEGLIGIBLE TO LOW | Minor loss (0.06ha) of terrestrial habitat | NO | | **Water vole** | NEGLIGIBLE | No impact to this species predicted. | NO | | **Otter** | NEGLIGIBLE | No impact to this species predicted. | NO | CONTENTS

Notice to readers Non-technical summary Contents

1.0 INTRODUCTION Background Site Description

2.0 METHODOLOGY Desk Study Habitat Survey Fauna Valuation of Ecological Features

3.0 LEGISLATION

4.0 RESULTS Desk Study Habitats Fauna

5.0 IMPACTS AND CONSTRAINTS Designated Sites Habitats Potential Impact of Works Mitigation requirements

6.0 REFERENCES

7.0 MAPS & PLANS

8.0 PHOTOGRAPHIC PLATES

1. INTRODUCTION

2. A Preliminary Ecological Appraisal was conducted on behalf of Mr. Carl Hardy in relation to a proposed planning application regarding a parcel of land adjacent to Pown Street, Sheen, Nr. Buxton, Derbyshire SK17 0ET, (NGR: SK11096103).

3. The objective of this report is to inform the client of any known or potential protected or rare fauna and flora species that may be using the site, and to outlines any recommendations on how to proceed with the works in a legal and ecologically sensitive manner, in accordance to current National Planning Policy Framework (NPPF) and UK Legislation.

4. A daytime walkover survey of the proposed site was undertaken during an optimal period on 26th August 2019 by an experienced ecologist in accordance with the Chartered Institute of Ecology and Environmental Management’s (CIEEM) Code of Practice.

5. Site description

6. A small parcel of land is proposed for development in the rural hamlet of Sheen on north-east of the county of Staffordshire on a transboundary boundary with Derbyshire; ca. 1.75km NW of Hartington in the Staffordshire White Peaks.

7. The land parcel equates to ca. 0.06ha and comprises of a rough grassland and scrub compartment with scattered shrubs and drystone walls around all boundaries. The land is located adjacent to the Staffordshire Knot PH and can be accessed immediately off Pown street along the western boundary. Enclosed neutral grassland and unplanned hay meadows abuts NE and SE boundaries.

8. In context to the wider landscape, the site is located in an upland landscape, being situated at elevation (1,247 ft. (380 m.) on an exposed sandstone ridge known as the Sheen Beds in the Millstone Grit series with a steep escarpment sloping down to the River Dove on the east, and less steeply to the River Manifold on the west.

Figure 1. Location of proposed development area (arrow) in context to the wider landscape (source: OS Maps). Proposed works

7. The proposed planning application is for erection of two semi-detached cottages with associated gardens and hard standing. The scheme will involve some selected tree/shrub removal around boundaries.

Figure 2. Proposed application area boundary (yellow) (source: GoogleEarth).

2. METHODOLOGY

Desk Study

08. The following methods in line with guidance provided in Institute of Ecology and Environmental Management (IEEM) Guidelines on Preliminary Ecological Appraisal (IEEM, 2012), have been used in the assessment. The survey which consisted of a desk study and a field survey where habitats were mapped and any potential to support protected species was target noted. This is based on the extended Phase 1 habitat survey guidelines (JNCC 2010).

09. An initial desk-based study was undertaken to examine the development site in context to the wider landscape and changes of temporal stability that may increase the sites importance to nature conservation. Web bases resources, such as Multi-agency Geographic Information for the Countryside (MAGIC) (www.magic.gov.uk), Natural England (www.naturalengland.org.uk); National Biodiversity Network (NBN) (www.nbn.org.uk); UK BAP (www.wwt.org.uk, Google Earth and www.ordnancesurvey.co.uk were utilized.

10. In order to compile background information on the site and immediate surroundings, local records regarding existing designated sites, Special Areas of Conservation (SAC), habitats, and protected and notable species within a 1km radius were requested from Staffordshire Ecological Records (SER).

11. Staffordshire and Derbyshire Biodiversity Action Plan (BAP) was consulted to determine priority species of national or county conservation importance. The UK Biodiversity Action Plan (UK BAP) was set out to identify habitats and species on a national and regional scale that merit special consideration for protection, enhancement and expansion through all appropriate mechanisms to contribute to the conservation of global biodiversity.

12. A formal data search was requested from Staffordshire Ecological Records (SER) within a 1km radius of the application area, to further substantiate methodology and ascertain the following information:

- Extent of Sites of Biological Importance\* (SBIs) and Biodiversity Alert Sites\* (BASs) in the area in question.
- A list of SBIs / BASs and other statutory and non-statutory sites of biological or geological importance, together with a list of woodlands listed on the Natural England Ancient Woodlands Inventory.
- An annotated list of protected species within the search area, covering European and UK protected species and species occurring on the UK Biodiversity Action Plan (BAP) (short list) and Staffordshire BAP.

13. Additionally, MAGIC (Multi-Agency Geographic Information for the Countryside, 2010) was used to establish whether any of the following are present:

- Statutory site designations on or within 1 km of the site.
- Statutory sites designated for bats within 5 km of the site.

○ **Valuation of Ecological Features**

14. The value of areas of habitat and plant communities has been measured against published criteria where available. Biodiversity Action Plans (BAPs) have been searched to identify whether action has been taken to protect all areas of a particular habitat and to identify current factors causing the loss and decline of particular habitats. The presence of injurious and legally controlled weeds has also been considered.

15. When assigning a level of value to a species, its distribution and status (including a consideration of trends based on available historic records) has been considered. Other factors influencing the value of a species are legal protection, rarity and Species Action Plans (SAPs). Guidance, where it is available, for the identification of populations of sufficient size for them to be of national or international importance has also been considered.

○ **Nomenclature**

16. The English name only of flora and fauna species is given in the main text of this report; however, scientific names are used for invertebrates where no English name is available. Vascular plants and charophytes follow the nomenclature of The Botanical Society for the British Isles (BSBI) 2007 database (BSBI, 2011), with all other flora and fauna following the Nameserver facility of the National Biodiversity Network Species Dictionary (http://www.nhm.ac.uk/nbn/), which is managed by the Natural History Museum.

○ **Walkover survey**

| Jan | Feb | March | April | May | June | July | Aug | Sept | Oct | Nov | Dec | |-----|-----|-------|-------|-----|------|------|-----|------|-----|-----|-----| | Phase 1 & NVC – Sub optimal survey | Phase 1 & NVC – Optimal survey period | Phase 1 & NVC – Sub optimal survey |

17. Whilst Preliminary Ecological Appraisal (PEA) surveys can be conducted all year round, the optimum time for undertaking such surveys is between April and September, due to seasonal cessation of vegetation.

18. Scoping of baseline conditions on-site is considered a crucial stage of ecological impact evaluation (Wood et al. 2006) to ensure the widest possible input to the definition and refinement of the Terms of Reference (TOR). Baseline ecological assessment of the Valued Ecological Receptors (VER) and Zones of Influence (ZoI) were determined, using a combination of desk-based study and field survey consistent with current standard methodologies.

19. The survey was undertaken by an experienced ecologist and member of the Chartered Institute of Ecology & Environmental Management (CIEEM). All field surveys were carried out to Natural England protected species guidelines and Institute of Ecology and Environmental Management (CIEEM) guidance on survey methodology (CIEEM 2005) and to BS 5837 standard (trees) (ODPM 2000). Assessment of habitats types was carried out in accordance with Joint Nature Conservation Committee (JNCC, 2003) survey methodology.

Flora

20. The observable higher plant species in each habitat type within the site, and their abundance, were recorded using the DAFOR scale: D [Dominant]; A [Abundant]; F [Frequent]; O [Occasional]; R [Rare].

21. Each habitat has been colour coded in accordance to survey methodology and shown in the Extended Phase 1 Habitat Map. Baseline target notes (TN) have been assigned alongside the description of compartments and habitats.

Fauna

- Amphibians

  - Great crested newt

| Jan | Feb | March | April | May | June | July | Aug | Sept | Oct | Nov | Dec | |-----|-----|-------|-------|-----|------|------|-----|------|-----|-----|-----| | | | Hibernation | Peak surveying period for adults / terrestrial & egg survey (April-May = Optimal) Larvae searches (mid-May = Optimal) | Habitat and larval survey (Sub-optimal) | Habitat survey (Sub-optimal) | Hibernation |

22. Great Crested Newt Triturus cristatus (GCN) is a protected species under the Wildlife and Countryside Act 1981 (as amended) and the Conservation (Natural Habitats &c) Regulations 1994 (also known as the Habitats Regulations). Great crested newt is a priority UKBAP species and targets are given to maintain geographical range and viability of existing T. cristatus.

23. Under current legislation, it is illegal to intentionally kill, injure, or capture great crested newts or their young; (this includes the eggs of great crested newts). Furthermore, it is illegal to intentionally or recklessly damage, destroy or obstruct access to areas used by great crested newts for shelter.

24. Any water-bodies located in a 500m radius were, where accessible, assessed on their suitability of supporting newt populations using the Habitat Suitability Index HSI (Oldham et al. 2000). HIS Pond suitability index score rating

| Score Range | Description | |-------------|-------------| | < 0.5 | Poor | | 0.5 – 0.59 | Below average | | 0.6 – 0.69 | Average | | > 0.8 | Excellent |

Table 1. Habitat Suitability Index HSI (Oldham et al. 2000).

- **Other amphibians**

25. Common frogs are listed in Annex V of the Habitats Directive, and common frogs, common toads and smooth newts are listed under Schedule S of the WCA 1981 (as amended) and protected under section 9(5) only.

- **Badger**

(protected status WCA)

| Jan | Feb | March | April | May | June | July | Aug | Sept | Oct | Nov | Dec | |-----|-----|-------|-------|-----|------|------|-----|------|-----|-----|-----| | Limited sett/bait surveys (Sub-optimal) | Bait marking and sett surveys (Optimal) | Limited sett/bait surveys (Sub-optimal) | Sett surveys (Optimal) | Limited sett/bait surveys (Sub-optimal) |

26. The Protection of Badgers Act 1992 makes it illegal to willfully kill, injure or take any badger, or attempt to do so and it is an offence to intentionally or recklessly damage, destroy or obstruct access to any part of a badger sett.

27. Natural England (2002) advises that disturbance of an active sett can include:

- Light work such as hand digging within 10m
- Use of light machinery (generally wheeled vehicles) within 20m.
- Use of heavy machinery (generally tracked vehicles) within 30m.

28. The word "disturbance" includes anything from the trivial to the lethal. An example of a trivial disturbance may be extra traffic noise on or near to an application area. In contrast a lethal disturbance may be as a result of a badger sett being destroyed in order to make way for the planned works.

29. An extended radius of 30m around the application site was surveyed for evidence of badger setts and characteristic field signs in accordance with accepted standards, methodologies and guidelines. Field evidence includes; well defined desire line tracks through vegetation, snuffle holes, latrines and sett entrances. The presence of badger hair, fresh spoil heaps and active latrines are indicators that the sett entrance active.

- **Bats**

(protected status EPS, WCA, UKBAP, LBAP)

| Jan | Feb | March | April | May | June | July | Aug | Sept | Oct | Nov | Dec | |-----|-----|-------|-------|-----|------|------|-----|------|-----|-----|-----| | Inspection of hibernation roosts - semi optimal survey | Limited activity - sub optimal | Summer roost emergence & re-entry surveys - Optimal survey period | Limited activity - sub optimal | Hibernation roosts - semi optimal survey |

Internal roost surveys are possible / Trees are best surveyed during winter.

30. All species of bats are fully protected under the Wildlife and Countryside Act 1981, the European Conservation (Natural Habitats etc.) Regulations 1994 and the Countryside and Rights of Way Act 2000.

31. This legislation makes it illegal to possess or control any live or dead specimens, to damage, destroy or obstruct access to any structure or place used for shelter, protection or breeding, and to intentionally disturb a bat while it is occupying a structure or place which it uses for that purpose.

32. Bats are considered as being an indicator species of biodiversity and ecosystem quality. If bats are found to be present on the application area, then a European Protected Species (EPS) development license issued by Natural England (NE) may be required prior to any development. If required, further presence/absence survey should be undertaken and a mitigation strategy be implemented with Natural England and the Local Planning Authority.

33. Unlike many smaller mammals, bats have low fecundity with a long and complex life cycle which is played out over a large spatial landscape. Bats need different roosting conditions at different times of the year and they will often move around to find a roost that meets their needs i.e. hibernacula, maternity, bachelor, satellite roosts and feeding perches. Bats are highly social animals and loss of a single habitat alone can have a serious impact on populations.

34. Potential Roost assessment is based on the location of trees/structures in the surrounding landscape. For example; an immature tree species in an area of high-level disturbance is likely to provide few opportunities for roosting bats. Conversely, a mature tree forming part of a continuous, linear habitat would have high potential for commuting and roosting bats.

- **Birds**

| Jan | Feb | March | April | May | June | July | Aug | Sept | Oct | Nov | Dec | |-----|-----|-------|-------|-----|------|------|-----|------|-----|-----|-----| | Winter species (Optimal) | Breeding birds / Migrant species (Optimal) | Breeding birds (Optimal) | Low activity (Sub-optimal) | Migrant species (Optimal) | Winter birds (Optimal) |

35. All common wild birds are protected under The Wildlife and Countryside Act 1981 (and as amended). Under this legislation it is an offence to:

- Kill, injure or take any wild bird.
- Take, damage or destroy the nest of any wild bird while it is in use or being built.
- Take or destroy the egg of any wild bird.

36. In addition to statutory protection, some species are classified according to their status on Red and Amber lists of Birds of Conservation Concern (BoCC) in the UK; and whether they have been identified as UKBAP Priority Species and/or Staffordshire LBAPs.

37. A bird scoping survey was undertaken to identify the presence and distribution of birds on the site, evaluate the importance of local bird populations and the conservation importance of the site in context to the wider landscape.

38. Grass snake *Natrix natrix*, adder *Vipera berus*, common lizard *Zootoca vivipara* and slow worm *Anguis fragilis* are partially protected via their listing on Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). The habitats on site were assessed for their variance in structure, the availability of basking sites, breeding, foraging and hibernacula potential as outlined in the Herpetofauna Workers Manual (Gent and Gibson 1998).

39. Otter *Lutra lutra* and Water Vole *Arvicola amphibius* are both listed in Schedule 5 of The Wildlife and Countryside Act 1981 and as such receive protection under Section 9 of this Act. This has been amended several times, most recently by the Countryside and Rights of Way Act 2000, which added ‘or recklessly’ to Section 9(4) (a) and (b).

40. In summary, it is a criminal offence to:

- intentionally kill, injure or take a wild Water Vole or Otter;
- be in possession of, or control, any live or dead wild Water Vole or Otter or part of, or anything derived from a wild Water Vole or Otter;
- intentionally or recklessly damage, destroy or obstruct access to any place that a wild Water Vole or Otter uses for shelter or protection;
- intentionally or recklessly disturb any wild Water Vole or Otter whilst it is occupying a structure or place that it uses for shelter or protection;
- transport for sale or exchange, or offer for sale or exchange a live or dead Water Vole or Otter or any part of a Water Vole or Otter.

41. Water Vole is the subject of a Priority Species Action Plan under the UK Biodiversity Action Plan (UKBAP), due to significant declines in recent decades. These declines largely result from habitat loss and degradation, population fragmentation and predation by American Mink *Neovison vison*.

42. LEGISLATION

43. The United Kingdom Biodiversity Action Plan (BAP) 1994 sets out a strategy for implementing the Convention on Biological Diversity, which was signed by the United Kingdom at the Rio de Janeiro Earth Summit in 1992. The published report contains action plans for the United Kingdom’s most threatened species and habitat plans for the most vulnerable areas.

44. The Local BAP sets out the county’s part in the UK biodiversity planning process, in the form of local habitat and species action plans. Local BAPs are intended to focus resources, to conserve and enhance biodiversity, by taking account of national and local priorities.

45. Schedule 1 Part 1 of The Wildlife and Countryside Act 1981 (and amendments) lists birds protected by special penalties at all times. It prohibits intentional killing/injuring, taking, possessing, disturbing and selling (including parts and derivatives, eggs, nests, etc. As applicable) as well as damaging, destroying or disturbing nests in current use or dependent young, etc.

46. Schedule 5 of The Wildlife and Countryside Act 1981 (and amendments) prohibits deliberate killing, injuring, taking, possessing, disturbing and selling (including parts and derivatives) as well as damaging, destroying or obstructing any structure or place of refuge of listed fauna, such as dormouse, otter and bat species.

47. The Conservation of Habitats and Species Regulations 2010 consolidate all the various amendments made to the Conservation (Natural Habitats, &c.) Regulations 1994, in respect of England and Wales. It is illegal to kill, disturb, destroy eggs, breeding sites or resting places, to pick, collect, take cuttings, uproot or destroy in the wild as well as keep, transport, sell/exchange and offer for sale/exchange species listed.

48. The Countryside and Rights of Way Act 2000 increases the protection given by The Wildlife and Countryside Act 1981 (and amendments). The offence to intentionally damage any structure or place that a wild animal listed in Schedule 5 of the Act uses for shelter or protection or deliberately disturbing any such animal while in such a structure or place is extended so that the offence also covers reckless damage / disturbance. The CRoW Act places a duty on Ministers and Government Departments to have regard for the purpose of conserving biological diversity in accordance with the Convention on Biological Diversity.

49. The Natural Environment and Rural Communities Act 2006, as well as creating Natural England, gives all public authorities the duty to have regard for conserving biodiversity within the commission of their duties. This includes a duty to restore and enhance as well as maintain biodiversity. The act also strengthens protection for Sites of Special Scientific Interest (SSSI) and makes authorities liable for allowing damage to such sites or their features.

Planning Policy

49. As defined in Planning Policy Statement 9 (ODPM, 2005) (now superseded by the National Planning Policy Framework (NPPF, 2012 revised 2018), Biodiversity and Geological Conservation sites of biodiversity conservation value and protected species are material considerations in the planning process in March 2012, the National Planning Policy Framework (NPPF) was published and replaces the previous detailed Planning Policy Statement 9 (PPS9) although the guidance document ‘Planning for Biodiversity and Geological Conservation: A Guide to Good Practice’ ODPM 06/2005 has not been replaced by the Framework.

50. The NPPF promotes plan-making and decision-taking with a presumption in favour of sustainable development. In terms of biodiversity, sustainable development should not only achieve no net loss of biodiversity but incorporate proposals that achieve net gains for nature alongside the other social and economic needs of society.

51. Protected sites and species are a material consideration in determining planning applications, therefore all information relating to protected sites and species must be submitted with planning submissions for determination of the whole application. The NPPF promotes the approval of plans where applications can demonstrate that they are in accordance with up-to-date Local Plans and have addressed material considerations. Part of the NPFF core strategy aims to ensure “development where appropriate produces a net gain in biodiversity, and ensuring that any unavoidable impacts are appropriately mitigated for”.

52. RESULTS

- **Designated sites**

52. The site is located in the Peak Park NNR and listed under the National Character Area (NCA) Profile: S3 South West Peak (NE453). Whilst there are no designated nature conservation sites located within 1km, there are numerous statutory and non-statutory conservation sites within a 2km radius. Subsequently, the proposed application area falls within a SSSI Impact Risk Zone.

- **Flora**

53. DWT provide no records of any protected flora or vegetation communities onsite or within a 1km radius.

- **Habitats and baseline vegetation communities recorded onsite.**

| (B6) species-poor semi-improved grassland. | |-------------------------------------------|

![Figure 3. Looking north-west across the small land parcel.](image)

54. In its current form, the proposed development area subject to development comprises of a small parcel (ca.0.06ha) of semi-improved, neutral grassland / rushy pasture with pioneering scrub and shrub encroachment forming around selected boundaries. The underlying pedology is that of non-calcareous stagnogley and loamy and clayey soils which sits close to bedrock.

55. The grassland is dominated by a low to medium sward of perennial ryegrass *Lolium perenne*, intermixed with patches of bare ground and occasional common rank grass types of: Creeping bent *Agrostis stolonifera*; Cocksfoot *Dactylis glomerata* with patches of Soft Rush *Juncus effuses* present. Ground flora composition was found to be relatively species-poor and typical to that of neutral grassland species occurring on loamy clayey soils sitting close to bedrock:

| Common Bird's-foot-trefoil - Lotus corniculatus [O] | Ribwort Plantain - Plantago lanceolata [O] | | Oxeye Daisy - Leucanthemum vulgare [O] | Broad-leaved Dock - Rumex obtusifolius [O] | | Common Mint - Mentha spicata [O] | Common vetch - Vicia sativa [O] | | Creeping Thistle - Cirsium arvense [O] | Common Knap - Centaurea nigra [O] | | Common Ragwort - Senecio jacobaea [O] | Black Medik - Medicago lupulina [O] | | White clover - Trifolium repens [A] | Cow parsnip - Heracleum maximum [O] | | St. John's wort - Hypericum perforatum [O] |

(J2) Boundaries

Figure 4. West boundary.\
Figure 5. East boundary.\
Figure 6. North boundary.\
Figure 7. South boundary.

56. The site is bounded by dry-stone walls around all sides and abuts onto semi-improved grassland around the eastern perimeter whilst Pown street and car-park for the Staffordshire Knot PH abuts the north and western boundaries. A line of internal scattered trees and shrubs are present along the SW boundary, being composed of occasional Ash (Fraxinus excelsior), Willow (Salix caprea), Elder (Sambucus nigra), Common Snowberry (Symphoricarpos albus) and Wild Cherry (Prunus avium).

57. Patches of tall ruderals and seral scrub encroachment occur around the understorey and boundary ecotone comprising of Rosebay Willow herb (Chamerion angustifolium) [F]; Bramble (Rubus fruticosus) [O]; Common nettle (Urtica dioica) [A]; Herb Robert (Geranium robertianum) [O]; Hawthorn (Crataegus monogyna) [O]; common Dandelion (Taraxacum officinale) [F] and Common Sorrell (Rumex acetosa) [F]. Invasive Non-Native Species (INNS)

58. No INNS, currently listed as a Schedule 9 species under the Wildlife and Countryside Act 1981 were recorded within the proposed development area / zone of influence.

Tree Preservation Orders (TPOs)

59. No TPOs were recorded onsite.

Fauna

Amphibians

60. DWT data show no records of Great Crested Newt within a 1km radius of the proposed development, with no standing water-bodies noted in a 500m radius.

Badger

61. No evidence of badger was recorded within the proposed development area itself nor within a 30m radius. Underlying bedrock lies close to surface within the application area providing little opportunity for sett uptake, with no loss to existing foraging and/or commuting habitat considered.

62. In the absence of mitigation, no impact to badger is predicted under the proposed scheme, and no further recommendations are made.

Bats

63. Pre-survey data show 10 out of the 17 British bat species are recorded within this transboundary region of Staffordshire and Derbyshire, and are listed in the Biodiversity Steering Group Report Volume 2 (Action Plans). Twelve of these resident UK bat species are recorded in Derbyshire (seven in Staffordshire) and are currently given UK BAP (2007) status.

| UKBAP | Common name | Species | Recorded within 1km | |-------|------------------------------|--------------------------------|---------------------| | ✔ | Brown long-eared bat | Plecotus auritus | ✔ | | ✔ | Barbastelle bat | Barbastella barbastellus | ✗ | | ✔ | Bechstein’s bat | Myotis bechsteinii | ✗ | | ✔ | Leisler’s bat | Nyctalus leisleri | ✗ | | ✔ | Noctule | Nyctalus noctula | ✗ | | ✔ | Greater horseshoe bat | Rhinolophus ferrumequinum | ✗ | | ✔ | Lesser horseshoe bat | Rhinolophus hipposideros | ✗ | | ✔ | Soprano pipistrelle | Pipistrellus pygmaeus | ✗ |

Table 2. UKBAP Bat species recorded within Staffordshire / Derbyshire. 65. A further four/five bat species that are not currently given UK BAP consideration are also recorded within the county, whilst DWT data show one of these species is recorded within a 1km radius of the site (highlighted in orange):

| Non-UK BAP | Common name | Species | Recorded within 1km | |------------|----------------------|--------------------------|---------------------| | ☒ | Natterer’s bat | Myotis nattereri | ☒ | | ☒ | Daubenton’s bat | Myotis daubentonii | ☒ | | ☒ | Whiskered/brandt bat | Myotis mystacinus/brandtii | ☒ | | ☒ | Common pipistrelle | Pipistrellus pipistrellus | ☒ |

Table 3. Non UKBAP Bat species recorded in Staffordshire / Derbyshire.

66. DWT data provide only seven records of bats in a 1km radius. A common pipistrelle and brown long-eared bat roost has been recorded ca.260m north of the site (1991/1992) although status and population sizes are not provided.

67. There are no structures onsite considered suitable for roosting bats. All trees were considered as having negligible features for roosting bats.

68. In the absence of mitigation, no impact to roosting bats is predicted under the proposed scheme. However, consideration should be given to any post-development lighting that may affect the commuting and foraging strategy of local bat populations (see recommendations).

69. DWT data provide no records of bird species within a 1km radius of the application area, although adjacent grassland compartments are classed as upland breeding bird area for Curlew Numenius arquata and Lapwing which are red listed under Birds of Conservation Concern (BoCC).

70. No notable bird species of conservation were recorded in the proposed development area itself. The site provides foraging and nesting potential for a number of passerine species that are considered as being common and white spread, with a good abundance of Common Field Grasshopper Chorthippus brunneus and native fruit bearing shrubs present onsite.

71. The following BoCC listed bird species were observed or heard in the surrounding landscape during the survey period:

| Turdus pilaris | Fieldfare | Corvus monedula | Jackdaw | |---------------|-----------|-----------------|---------| | Turdus merula | Blackbird | Erithacus rubecula | Robin | | Parus major | Great tit | Buteo buteo | Buzzard | | Corvus corax | Raven | | |

Table 4. Birds recorded within 100m of the site.

72. No evidence of Schedule 1 listed bird species including Barn owl was recorded, although the surrounding habitat is considered as being highly optimal for this species. Otter & water vole
73. DWT data provides no records of Otter or Water vole within a 1km radius. The habitat within the proposed application provides negligible potential for both species and no and no impacts are predicted.

Reptiles 74. DWT data provide no reptile sightings and/or Key Reptile Sites Register sites within a 1km radius. The site is considered as having negligible potential for any notable reptile populations and no impacts are predicted. Site safeguard measures should however be implemented for individual mobile reptile species such as Grass snake (see recommendations).

Invertebrates 75. Pre-survey data provide no notable records of protected BAP invertebrates within a 1km radius. The proposed development will result in land uptake of ca. 0.06 ha of grassland that is considered relatively species-poor to support any notable invertebrates that are considered of principal conservation (i.e. UKBAP and LBAP moths and butterflies). Common Field Grasshopper Chorthippus brunneus were abundant around site, exploiting the bare ground regions onsite.

5. IMPACTS & MITIGATION

6. The PEA was undertaken during an optimal survey period, and is considered as being robust and representative of protected species and vegetation communities currently onsite.

7. Potential ecological impacts of the proposed development based on qualitative and quantitative information of baseline information gathered from; desk-based study, Extended phase 1 baseline survey and evaluation of the ecological features, has been used to identify likely significant ecological impacts upon fauna and flora within the zones of influence from the proposed development.

8. In-order for the proposed development to proceed in a legal and ecologically sensitive manner, and in accordance to current National Planning Policy Framework (NPFF) and UK Legislation, the following prescriptions are recommended and should be made a condition of any planning consent.

- Designated Nature Conservation sites

79. Based on a small-scale, single-phase development, no long-term impact to any designated conservation sites in the surrounding area is predicted.

- Protected habitats

80. In its current form, the vegetation communities within the grassland area subject to development are not considered as being unique within the context of the wider landscape and they do not represent any significant loss in terms of nature conservation overall.

### IMPACT ASSESSMENT SUMMARY

| Type and scale of works | SINGLE PHASE / SMALL-SCALE DEVELOPMENT | |-------------------------|----------------------------------------| | Size, nature and complexity of the development site | 2 X SEMI DETACHED COTTAGES OF LOW COMPLEXITY | | Predicted impact on designated conservation sites | LOW |

### ECOLOGICAL IMPACTS

| IMPACT | PREDICTED EFFECTS | |--------|--------------------| | YES | LONG-TERM HIGH IMPACT PREDICTED | | NO | Minimal fragmentation of spatial connectivity and edge effects predicted. | | YES | SHORT-TERM IMPACT PREDICTED | | NO | NEGLIBLE IMPACT PREDICTED |

- Habitat loss from land-take through direct destruction or physical take-up of ecological habitat as a result of change of land-use;
- Habitat fragmentation of spatial connectivity to the wider landscape and increased negative edge effects;
- Human disturbance and noise activity on ecological receptors throughout construction and post development stage;
- Alterations to surface water quality whereby all development near to water has an associated risk of pollutants that could negatively impact water quality and aquatic habitat and species.

### FAUNA - Impact on wildlife populations and assemblages through habitat loss and reduced connectivity;

| TAXA | IMPACT PREDICTED | IMPACT ASSESSMENT | FURTHER SURVEY | |------|------------------|-------------------|----------------| | Amphibians | NEGLIGIBLE TO LOW | No impact to Great Crested newt predicted. Site safeguard measures for general amphibian spp. recommended. | NO | | Birds | HIGH SHORT-TERM | Site safeguard measures recommended for individual nesting birds in selected trees and scrub around site; + Loss O. 06ha of foraging habitat (Long-term). see Section 85: Bird mitigation. | NO | | Barn owl | NEGLIGIBLE TO LOW | Potential minor loss of foraging habitat. | NO | | Bats roosts | NEGLIGIBLE TO LOW | No bat roosts impacted. | NO | | Bats foraging & commuting habitat | LOW MODERATE | Potential commuting and foraging bats may be affected by any lighting scheme considered post-development (see Section 81: Bat mitigation). | NO | | Badger | NEGLIGIBLE | No impact to any active setts / habitat. | NO | | Reptiles | NEGLIGIBLE TO LOW | Site safeguard measures recommended. (see Section 89: mitigating other species). | NO | | Invertebrates | NEGLIGIBLE TO LOW | Minor loss (O. 06ha) of terrestrial habitat | NO | | Water vole | NEGLIGIBLE | No impact to this species predicted. | NO | | Otter | NEGLIGIBLE | No impact to this species predicted. | NO | o Bat mitigation

81. Whilst no further surveys are considered necessary for bats, consideration should be made to any post-development lighting intended under the proposed scheme. Light-pollution can impede and severe the movement of both volant and terrestrial based animals.

82. The use of artificial lighting should follow protocols outlined in the Institute for Lighting Engineers document “Guidance for the Reduction of Obtrusive Lighting” (2005) [GN01:2011] and Bat Conservation Trust’s “Artificial Lighting and Wildlife Interim Guidance: Recommendations to Help Minimise the Impact of Artificial Lighting” (2014) [GN8/18] to minimise disturbance and sky-glow across the site.

83. The proposed application site can be identified as a rural area with low district brightness, being categorized as ILP Environmental Zone E2:

| Zone | Surrounding | Lighting Environment | Examples | |------|-------------|----------------------|----------| | E0 | Protected | Dark | UNESCO Starlight Reserves, LDA Dark Sky Parks | | E1 | Natural | Intrinsically dark | National Parks, Areas of Outstanding Natural Beauty etc. | | E2 | Rural | Low district brightness | Village or relatively dark outer suburban locations | | E3 | Suburban | Medium district brightness | Small town centres or suburban locations | | E4 | Urban | High district brightness | Town/city centres with high levels of night-time activity |

84. The use of low energy LED lighting or Low-pressure sodium lamps (SOX) are recommended, which should be fitted with hoods to direct the light below the horizontal plane to minimize light-spill. Where necessary any security lighting will should not exceed 200 lumens (150 watts), and should be placed on a timer curfew setting and faced down to reduce sky glow. Height of any columns around the development should not exceed eight metres.

| Environment of Zone | Sky Glow ULR [Max %] (1) | Light Intrusion (into Windows) Ev [lux] (2) | Luminaire Intensity I [candelas] (3) | Building Luminance Pre-curfew (4) | |---------------------|--------------------------|---------------------------------------------|-------------------------------------|----------------------------------| | E0 | 0 | 0 | 0 | 0 | | E1 | 0 | 2 | 0 (1\*) | 2,500 | | E2 | 2.5 | 5 | 1 | 7,500 | | E3 | 5.0 | 10 | 2 | 10,000 | | E4 | 15 | 25 | 5 | 25,000 | | E6 | 0 | 0 | 0 | 0 |

ULR = Upward Light Ratio of the Installation is the maximum permitted percentage of luminaire flux that goes directly into the sky. Ev = Vertical Illuminance in Lux - measured flat on the glazing at the centre of the window. I = Light Intensity in Candelas (cd) L = Luminance in Candelas per Square Metre (cd/m²) Curfew = the time after which stricter requirements (for the control of obtrusive light) will apply; often a condition of use of lighting applied by the local planning authority. If not otherwise stated - 23.00hrs is suggested.

- = Permitted only from Public road lighting installations

o Bird mitigation

85. Short-term, high-impact to individual nesting birds, which are considered to be both common and widespread on a National scale, is predicted under the proposed scheme. No impact to Barn Owl is predicted. Timing of works
86. Any ground works or selected tree removal should be undertaken outside the bird breeding season (March to August inclusive). Where this is not possible, then a check for nesting birds should be undertaken by an ecologist prior to works. selected tree removal and thinning-out of woodland understory.

Exclusion work zones 87. Any active bird nests should be left undisturbed until offspring have fully fledged. If necessary an exclusion work zone of 5m should be enforced to minimize disturbance and potential abandonment of nests.

88. In accordance with the Natural Environment and Rural Communities (NERC) Act 2006, development, it is recommended that a minimum of four general purpose bird nesting boxes (suitable for different species) should also be incorporated into the final scheme (being fitted to either mature trees or to external elevation of buildings where possible at height ca. 4-6m).

- Further information regarding nest boxes can be found on the RSPB website: http://www.rspb.org.uk/advice/helpingbirds/nestboxes/smallbirds/siting.aspx

Site safeguard measures 89. Precautionary site safeguard measures should be holistically considered for all terrestrial taxa including reptiles, amphibians and small mammals.

- Contractors working in the development area should be briefed on care and vigilance to minimize impact on any terrestrial based wildlife (i.e. small mammals / amphibians).

- Ground works will be undertaken in a systematic manner starting from west to east across site. This method is intended to corral any terrestrial based wildlife out into suitable habitat to the NE and SE of the site. (Please note: scrub removal should ideally be undertaken outside the bird breeding season - March to August inclusive).

- Care should be taken that all plant machinery remains within the proposed development boundary avoiding encroachment into the adjacent field compartment and margins.

- All building materials, rubble, bricks and soil should be stored only within existing areas of hard-standing and should be raised above ground level using either pallets, skips, or other suitable containers in order to prevent amphibians and/or reptiles from seeking refuge underneath them. Waste materials should be removed from site immediately or contained within skips.

- All open trenches and pipe work should be inspected at the start of each working day to ensure no animal is trapped.

- Any excavated trenches will be ‘closed’ in the same day to prevent any wildlife becoming trapped. If it is necessary to leave a trench open overnight then it should be sealed with a close-fitting plywood cover or a means of escape should be provided in the form of a shallow sloping earth ramp, sloped board or plank. o Care & Vigilance

- In the event that any species protected under current legislation is inadvertently encountered then all work will cease immediately.

- If the animal is deemed to be injured or at risk or harm; then standard capture an exclusion method should be carried out by a licensed ecologist using gloves:

- If necessary any such individual will be placed in a suitable, breathable receptor container and stored in the site office until further consultation with the appointed ecologist has been made.

o Landscaping

90. Under no circumstances should any plant species listed on Schedule 9 of the Wildlife and Countryside Act 1981 be used during the landscaping of this development. Further details of Schedule 9 listed plants can be found on the DEFRA website: www.defra.gov.uk/wildlife-pets/non-native.

91. Should any additional landscaping be considered at a later date, then it is recommended that only native tree and shrub species are planted.

92. Consideration should be given to tree root protection areas (RPAs) as specified in 'BS 5837: Trees in relation to design, demolition and construction'. Trees typically have relatively shallow but wide-spread root systems, although it is unusual for roots to penetrate to a depth greater than 2m, with 80-90% of the widespread rooting structure to be found within the top 0.6 – 1.5m of the soil profile. References

- Bat Conservation Trust (2016). Bat Surveys – Good Practice Guidelines. 3rd Edition. Bat Conservation Trust: London.
- BSBI (2011). BSBI 2007 List. [Online]. Available at: http://www.bsbi.org.uk/html/database.html
- Chanin, P. (2003a) Ecology of the European Otter. Conserving Natura 2000 Rivers, Ecology Series No. 10. English Nature, Peterborough.
- Chanin, P. (2003b) Monitoring the Otter Lutra lutra. Conserving Natura 2000 Rivers Monitoring Series No 10. English Nature, Peterborough.
- Countryside and Rights of Way Act 2000, (c.37), London: HMSO.
- English Nature (2004) Reptiles: guidelines for developers. Peterborough, UK.2
- Edgar, P., Foster, J. and Baker, J. (2010). Reptile Habitat Management Handbook. Amphibian and Reptile Conservation, Bournemouth.
- Froglife (1999) Reptile Survey: An introduction to planning, conducting and interpreting surveys for snake and lizard conservation. Froglife Advice Sheet 10. Froglife, Halesworth.
- Institute of Ecology and Environmental Management (2007). Guidelines for Ecological Impact Assessment in the United Kingdom. [Online]. Available at: http://www.ieem.net/eia/
- Joint Nature Conservation Committee (2007) Handbook for Phase I Habitat Survey – a Technique for Environmental Audit. JNCC: London.
- Kruuk, H. (2008) Otters: ecology, behaviour and conservation. Oxford University Press.
- Multi-Agency Geographical Information for the Countryside (2010). MAGIC. [Online].
- Natural Environment and Rural Communities Act 2006 (c.16), London: HMSO.
- Office of the Deputy Prime Minister. (2005) Planning Policy Statement 9: Biodiversity and Geological Conservation. The Stationery Office, Norwich.
- Strachan, R., Moorhouse, T. and Gelling, M. (2011). Water Vole Conservation Handbook 3rd Ed. Environment Agency, English Nature, WildCRU. Oxford, UK.
- The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007, SI 2007/1843, London: HMSO.
- The Conservation of Habitats and Species Regulations 2010, SI 2010/490.
- The Protection of Badgers Act 1992 (c.51), London: HMSO.
- UK BAP (2008) Priority Habitat Descriptions [Online]. Available at: http://www.ukbap.org.uk/library/UKBAPPriorityHabitatDescriptionsfinalAllhabitats20081022.pdf
- Wildlife and Countryside Act 1981 (and amendments) (c.69), London: HMSO. Appendices: Maps & forms:

Site plan location: Proposed application area boundary (red) (source: OS Maps). DWT Biological data records within 1km radius

Produced for Charnia Ecology by Derbyshire Biological Records Centre September 2019 Pown Street, Sheen

- Phase 1 habitat map

4. Survey criteria / methodology

- Bat tree survey methodology and criteria:

| Tree category and description | Further action required | |------------------------------|-------------------------| | Known or confirmed roost | Consider retention of tree in first instance. Should the tree be considered dangerous or diseased, then sufficient effort to establish population data and number of bat species should be assessed before any remedial works or felling is undertaken. Should disturbance and modification to a known bat roost be likely, then a European Protected Species licence is required. | | High Roost Potential | Any remedial works or removal of trees assessed as having HRP will necessitate further surveying to prove absence of bat roost. This will include activity surveys and a climbing endoscope survey prior to works. Should evidence of bats be found, then a European Protected Species licence will be required, and the roost status of the tree should be upgraded. | | Moderate Roost potential | Any remedial works or removal of trees assessed as having MRP will necessitate further surveying to prove absence of bat roost. This should include emergence and re-entry surveys during an optimal surveying period (July to September), and if necessary, a climbing endoscope survey prior to works. Should evidence of bats be found, then a European Protected Species licence will be required, and the roost status of the tree should be upgraded. | | Low Roost Potential | Any remedial works or removal of trees assessed as having LRP should be taken outside the bat and hibernating season. Should features be discovered that may be beneficial to bats and bats, then all care must be taken to retain such features if possible. | | Negligible Roost Potential | No further surveying effort is recommended. Any remedial works or felling should ideally be undertaken outside the hibernating season (March to September). |

Roost assessment is based on the location of trees/structures in the surrounding landscape. For example; an immature tree species in an area of high-level disturbance is likely to provide few opportunities for roosting bats. Conversely, a mature tree forming part of a continuous, linear habitat would have high potential for commuting and roosting bats.

In the absence of any evidence, trees and structures were assigned a rating of suitability from negligible to high potential for supporting bats. The rating is based on the number and type of features suitable for use by bats (such as rot holes, cavities and raised bark), location of the structure in the surrounding landscape and surveyor's experience (e.g. a structure with a high level of regular disturbance with few opportunities for access by bats, that is in a highly urbanized area with few or no mature trees, parkland, woodland or wetland would generally equate to having negligible potential. Conversely, a pre 20th century or early 20th century building with many features suitable for use by bats close to good foraging habitat would have high potential). AMPHIBIAN IDENTIFICATION SHEET

Smooth newt (Lissotriton vulgaris) Common toad (Bufo bufo) Palmate newt (Lissotriton helveticus)

Common frog (Rana temporaria) Natterjack toad (Epidalea calamita) Pool frog (Pelophylax lessonae)

PROTECTED LEGISLATION

Common frogs are listed in Annex V of the Habitats Directive, and common frogs, common toads and smooth newts are listed under Schedule 5 of the WCA 1981 (as amended) and protected under section 9(5) only. 5. Policy guidelines

| PAS 2010 | The published 'PAS 2010' 'Planning to halt the loss of biodiversity' which is the government's new policy aimed at all authorities and developers involved in the planning process in the UK to halt biodiversity decline by 2010 and deliver net biodiversity gains as part of the green infrastructure provisions. | | National Planning Policy Framework, Section 11: | The recently published framework in 2012, replaces the previous Planning Policy Statement 9. Section 11: Conserving and enhancing the natural environment, reaffirms the Government's commitment to maintaining protections and preventing urban sprawl, retains the protection of designated sites and preserves wildlife, aims to improve the quality of the natural environment, and halt declines in species and habitats, protects and enhances biodiversity and promotes wildlife corridors. | | Article 10 of the EC Habitats Directive: | The published Article requires government to develop features such as 'stepping stones' on the landscape, such as clusters of ponds, tracts of rough grassland or scrubland and vegetated railway line embankments. | | Wildlife and Countryside Act 1981: | All species of bat are fully protected under the Wildlife and Countryside Act 1981, the European Conservation (Natural Habitats etc.) Regulations 1994, and the Countryside and Rights of Way Act 2000. This legislation makes it illegal to possess or control any live or dead specimens, to damage, destroy or obstruct access to any structure or place used for shelter, protection or breeding, and to intentionally disturb a bat while it is occupying a structure or place which it uses for that purpose. | | Conservation of Habitats and Species Regulations (2010) | The Conservation of Habitats and Species Regulations 2010 consolidate all the various amendments made to the Conservation (Natural Habitats, &c.) Regulations 1994, in respect of England and Wales. It is an offence to possess, sell or offer, or transport for sale any European species of bat or any part derived from such a species. These Regulations also remove the 'incidental result defence'. In other words, it is no longer a defence to show that the killing, capture or disturbance of a species covered by the Regulations or the destruction or damage of their breeding sites or resting places was the incidental and unavoidable result of a lawful activity. Natural England can grant European Protected Species (EPS) licences in respect of development to permit activities that would otherwise be unlawful. | | Natural Environment and Rural Communities Act (2006) | Under Section 40 of the Natural Environment and Rural Communities Act (2006), public bodies, including Local and Regional Planning Authorities, have a duty to 'have regard' to the conservation of biodiversity in England when carrying out their normal functions, which includes consideration of planning applications. In compliance with Section 41 of the Act, the Secretary of State has published a list of species considered to be of principal importance for conserving biodiversity in England. This is known as The England Biodiversity List, all of which make up the UK BAP Priority Species. Regional Planning Bodies and Local Planning Authorities will use it to identify the species that should be afforded priority to maintain, restore and enhance species and habitats. | | Bird legislation | Most resident nesting birds are protected under the Wildlife and Countryside Act 1981, which protects birds, nests, eggs and nestlings. Some rarer species, such as barn owls, are afforded extra protection. |

Table A. Policy guidelines. 6. Glossary (Term /Definition)

Biodiversity Action Plan (BAP): The UK Government’s response to the Convention on Biological Diversity (CBD), which the UK signed up to in 1992 in Rio de Janeiro. The CBD requires signatory countries to identify, develop and enforce action plans to conserve, protect and enhance biological diversity. The UK BAP addresses this requirement. Local BAPs (LBAPs) have been produced by many counties, to detail measures to conserve, protect and enhance local/county biological diversity.

Establishment Phase: Three to five-year period following the planting or spreading of seed, during which time plants will spread roots and become stabilized. Period of monitoring in order to ensure the replacement of any plants which do not survive as required to prevent a significant gap in planting.

Local Wildlife Site (LWS): Local authority designation for sites of local conservation interest. Designation criteria can vary between areas, as can titles which include Local Wildlife Site (LWS), Local Nature Conservation Site (LNCS), Site of Importance for Nature Conservation (SINC), or Site of Nature Conservation Importance (SNCI). They are defined in local and structure plans under the Town and Country Planning system and are a material consideration when planning applications are being determined.

Ramsar site: Designated under the Convention on Wetlands of International Importance, agreed in Ramsar, Iran, in 1971. Originally intended to protect sites of importance primarily as waterfowl habitat, now covers all aspects of wetland conservation and sympathetic use for the benefit of man.

Site of Importance for Nature Conservation (SINC): Alternative title to Local Wildlife Site, as defined above. Defined in local and structure plans under the Town and Country Planning system. The designation is a material consideration when planning applications are being determined.

Site of Nature Conservation Importance (SNCI): Alternative title to Local Wildlife Site, as defined above. Defined in local and structure plans under the Town and Country Planning system. The designation is a material consideration when planning applications are being determined.

Sites of Special Scientific Interest (SSSI): Designated since 1949 to protect the best examples of the UK’s flora, fauna, or geological or physiographical features. The designation may extend into intertidal areas out to the jurisdictional limit of local authorities, generally Mean Low Water in England. Originally notified under the National Parks and Access to the Countryside Act 1949, but renominated under the Wildlife and Countryside Act 1981 (as amended).

Special Areas of Conservation (SAC): Sites designated under the EC Habitats Directive, which have been identified as best representing the range and variety within the European Union of habitats and (non-bird) species listed on Annexes I and II to the Directive. In terrestrial areas these are designated under the Conservation of Habitats and Species (Amendment) Regulations 2012 (Habitats Regulations).

Special Protection Area (SPA): Site classified by the UK Government under the EC Birds Directive. The Directive applies to the UK and the overseas territory of Gibraltar. Sites comprise areas of the most important habitat for rare (listed on Annex I to the Directive) and migratory birds within the European Union. In terrestrial areas the sites are classified under the Wildlife and Countryside Act 1981 (as amended).

Wetland: As defined under the Ramsar Convention 1971; areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres; riparian and coastal zones adjacent to the wetlands, and islands or bodies of marine water deeper than six metres at low tide lying within the wetlands.

Woodland: As described under the Phase 1 habitat survey guidelines (JNCC 2010); vegetation dominated by trees more than 5 m high when mature, forming a distinct, although sometimes open, canopy. In accordance with Natural England’s guidelines for Environmental Stewardship (Natural England 2010) woodland parcels should be a minimum size of 0.1 ha, and could include a young group of trees with a grass understorey. 7. Protected species survey calendar. 8. Conditions & disclaimers

Services This statement has been prepared with all reasonable skill, care and diligence, within the terms of the contract with the client. The actions of the surveyor on site and during the production of the report were undertaken in accordance with the Code of Professional Conduct of the Chartered Institute of Ecology and Environmental Management (www.cieem.org.uk). No part of this document may be reproduced without the prior written approval of Charnia Ecology.

✓ Should any part of this report be lost, or altered without the written consent of the author, then the entire report becomes invalid.

✓ The general format of reports is a certified product and cannot be shown, copied or distributed to third parties without the permission of the author. No liability is accepted for the contents of the report, other than to that of the client(s).

✓ The report will purport not to express any opinion or comment as to the condition or structural integrity of any building; and no reliance should be made on any such comments other than description regarding suitability of species.

✓ Every attempt has been made to provide an accurate ecological assessment under the current wildlife legislations at the time of surveying. The author cannot be made accountable for stochastic events over space and time.

✓ The author remains impartial to any decision making and attempts only to make recommendations in the interests of conserving protected species and biodiversity, whilst acknowledging sustainable development.